IN WHICH SITUATIONS CAN POLICE (LAWFORCE) STOP PEOPLE AND VEHICLES?
According to Article 4/A of the Police Duties and Powers Law;
Police, persons and vehicles;
1) To prevent the commission of a crime or misdemeanor,
2) To ensure the arrest of the perpetrators who escaped after the crime has been committed, to identify the perpetrators of the crimes or misdemeanors,
3) To identify the persons for whom an arrest warrant or a warrant to be brought by force has been issued,
4) It may stop persons and vehicles in order to prevent an existing or potential danger to the life, bodily integrity or property of persons or to the society.
The police have the authority to stop people and vehicles if one of these four reasons is found in the law. In addition, in places where there is no police force, provincial, district and sub-district gendarmerie commanders and gendarmerie station commanders act like police and exercise authority.
CAN THE POLICE (LAWFORCE) USE THE STOP AUTHORITY AS POSSIBLE?
The police cannot arbitrarily use their power to stop. Suspension cannot be made in a way that will provide continuity, create an actual situation and arbitrariness. In order for the stopping power to be used, there must be a reasonable reason based on the experience of the police and the impression they have gained from the situation. In this case, the law enforcement will evaluate and appreciate the situation of the events in which it is involved, and if it reaches a reasonable doubt according to its mind and logic, it will be able to use this authority on its own, and thus it can do its duty.
WHAT ARE THE POLICE’S DUTIES TO DO FIRST AT THE TIME OF STOPPING?
The police first informs the person they are stopping the reason for the stop. Police are required to identify themselves as a law enforcement officer and may be asked to show their duty ID. Thereupon, the law enforcement may ask questions about the reason for the suspension, if it deems necessary, and may also request that the person who is stopped present their identity or other documents required to be kept.
HOW LONG DOES THE POLICE STOP PROCESS LAST?
The stopping time depends on the reason for the stop and cannot be more than the time required for the execution of the essential action. Persons and vehicles are allowed to leave if the reason for the stop is no longer valid. How long this period will be varies according to the events. In general applications, these periods do not exceed one hour.
HOW DOES THE POLICE ASK AND IDENTIFY?
The police, while performing their duties, may ask people for their identity after showing the document that determines that they are a police officer. Necessary convenience is given to people who do not have their identity cards with them to prove their identity. The Public Prosecutor is immediately informed of the situation by arresting the person whose identity cannot be determined due to the lack of a document, refraining from making a statement or making a false statement or otherwise. This person is detained until his identity is clearly understood and, if necessary, arrested. If the identity of the person is determined, the state of being detained or arrested for this reason is immediately terminated. After the necessary procedures are carried out for the registration of the people whose identity cannot be determined because they are not registered in the population, their photographs and fingerprints are detected and recorded. If it is understood that the person whose identity cannot be determined is a foreigner, action will be taken in accordance with the provisions of the Passport Law and the Law on Residence and Travel of Foreigners in Turkey.